Diller v. Brubaker
Supreme Court of Pennsylvania
Appear from the decree of the Court of Common Pleas of Lancaster county ; In Equity ; by Peter Diller and Sarah his wife in her right.
Read the full summary
Appear from the decree of the Court of Common Pleas of Lancaster county ; In Equity ; by Peter Diller and Sarah his wife in her right. Peter Diller and wife filed their bill against John R. Brubaker and Philip Brubaker, setting forth that Mrs. Diller borrowed from defendants $1000 on a pledge of eighty shares of the stock of the Atlantic and Ohio Telegraph Company, Peter Diller at the same time giving his note for the sum; averring payments of interest and receipts of dividends in excess of the loan and interest, and praying for an account and retransfer of the stock. The defendants answered,…
1Opinion of the Court
The opinion of the court was delivered, June 25th 1866, by
Thompson, J.
We need not go back of the eases of Davis v. Funk, 3 Wright 243, and Sitgreaves v. The Bank, 13 Wright 359, for the doctrine that a pledgee or holder of a collateral security cannot appropriate it in satisfaction of the debt intended to be secured, at his own option, unless in pursuance of a contract to that effect, nor sell it without first giving notice to the pledgor, pf his intention to do so, in order that he may have an opportunity to redeem it if he desires. The sale must be public when it is made, and the notice…
2Cases cited1 opinion
- Le Page v. McCreaNew York Supreme Court · 1828
3Cited by14 opinions
- Maas v. LonstorfCourt of Appeals for the Sixth Circuit · 1912
- Travelers' Ins. Co. v. LazenbyAlabama Court of Appeals · 1918
- Berberich's EstateSupreme Court of Pennsylvania · 1917
- Rosenblatt v. WeinmanSupreme Court of Pennsylvania · 1911
- In re ThompsonCourt of Appeals for the Third Circuit · 1922
9 more not listed; retrieve them via the Exa API.